Thank you for that further information. I can now answer your enquiry.
I cannot yet advise you directly on the substantive issues of your boss’s warning email with regard to the businesses expenses as I have not yet taken your full instructions or reviewed the documentation.
If you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal. Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.
However, if you have less than the two years’ minimum continuous service with your employer to qualify to bring an Unfair Dismissal against your employers, you will be limited to a claim for Wrongful Dismissal which is essentially a claim for breach of contract for your contractual notice pay and accrued benefits net of PAYE Income Tax and National Insurance. Your employer does not need to follow a fair investigation and disciplinary process before deciding to dismiss you. If they pay you your contractual entitlements, you will not have lost anything and therefore will have no further claims against them.
If you are facing a disciplinary investigation hearing, my recommendation is to be as cooperative and as professional as possible and state your version of events and your response to their allegations of misconduct as well as you are able. Do not get angry or upset with your employers as they will only use it against you at a later date and you may say or do something that will prejudice your claim and damage your credibility in the eyes of the Tribunal. If it is a disciplinary hearing where the employer is contemplating your dismissal from employment, you have the right to be accompanied by a co-employee or a trade union member (but not a solicitor or other legal adviser) to observe the proceedings and take notes, but not actively participate.
If you have less than two years’ continuous service and therefore do not have the right to bring an Unfair Dismissal claim in the Tribunal, and it appears that matters are a “foregone conclusion” and your employers have already decided to dismiss you, I recommend that you suggest a voluntary resignation in return for your notice pay or being allowed to work your notice period and for the employer to provide you with a factual and impartial reference to future employers.
Nevertheless, this is a matter which requires a bespoke solicitor-client retainer over and above the service that I can offer via Just Answer. I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call and then I can pass you my practising details for my main law firm where I can act as your solicitor in this matter.